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<br />by a presiding official summarizing the contents of
<br />those presentations;
<br />(V) A copy of any regulatory analysis or cost-benefit
<br />analysis prepared for the proceeding upon which the
<br />rule was based, if applicable, and any formal statement
<br />made to the agency promulgating the rule by the
<br />executive director of the department ofregulatory
<br />agencies regarding such cost-benefit analysis;
<br />(VI) A copy of the rule and explanatory statement filed
<br />in the office of the secretary of state;
<br />(VII) All petitions for exceptions to, amendments of, or
<br />repeal or suspension of the rule;
<br />(VIII) A copy of any objection to the rule presented to
<br />the committee on legal services of the general assembly
<br />by its staff pursuant to paragraph (d) of subsection (8) of
<br />this section and the agency's response; and
<br />(IX) A copy of any filed executive order with respect to
<br />the rule.
<br />(c) Upon judicial review, the record required by this
<br />section constitutes the official rule-making record with
<br />respect to a rule. The agency rule-making record need
<br />not constitute the exclusive basis for agency action on
<br />that rule or for judicial review thereof; except that, this
<br />paragraph (c) shall not be interpreted to allow the
<br />introduction of evidence or information into such rule-
<br />making record from outside of the public rule-making
<br />hearing, or to allow such introduction of evidence or
<br />information without notice to all parties to such hearing
<br />and opportunity to respond.
<br />(8.2) (a) A rule adopted on or after September 1, 1988,
<br />shall be invalid unless adopted in substantial
<br />compliance with the provisions of this section.
<br />However, inadvertent failure to mail a notice of
<br />proposed rule-making to any person as required by
<br />subsection (3) of this section shall not invalidate a rule.
<br />(b) An action to contest the validity of a rule on the
<br />grounds of its noncompliance with any provision of this
<br />section shall be commenced within thirty days after the
<br />effective date of the rule.
<br />(9) Each agency shall make available to the public and
<br />shall deliver to anyone requesting it a copy of any notice
<br />of proposed rule-making proceeding in which action has
<br />not been completed. Upon request, such copy shall be
<br />certified. The agency may make a reasonable charge for
<br />supplying any such copy.
<br />(I 0) No rule shall be relied upon or cited against any
<br />person unless, if adopted after May 1, 1959, it has been
<br />published and, whether adopted before or after said
<br />date, it has been made available to the public in
<br />accordance with this section.
<br />(II) (a) There is hereby established the code of
<br />Colorado regulations for the publication of rules and
<br />regulations of agencies of the executive branch and the
<br />Colorado register for the publication of notices of rule-
<br />making, proposed rules, attorney general's opinions
<br />relating to such rules and regulations, and adopted rules.
<br />The code of Colorado regulations and the Colorado
<br />register shall be the sole official publications for such
<br />rules and regulations, notices of rule-making, proposed
<br />rules, and attorney general's opinions. The code of
<br />
<br />Colorado regulations and the Colorado register shall
<br />contain, where applicable, references to court opinions
<br />and recommendations of the legal services committee of
<br />the general assembly which relate to or affect such rules
<br />and regulations and references to any action of the
<br />general assembly relating to the extension, expiration,
<br />deletion, or rescission of such rules and regulations and
<br />may contain other items which, in the opinion of the
<br />editor, are relevant to such rules and regulations.
<br />(b) The secretary of state shall cause to be published in
<br />electronic form and may cause to be published in
<br />printed form, at the least cost possible to the state, the
<br />code of Colorado regulations and the Colorado register
<br />no less often than once each calendar month and shall
<br />make all diligent effort to enter into a publication
<br />agreement to such effect for a period not to exceed five
<br />years, but such agreement may include a renewal
<br />provision for additional periods not to exceed five years
<br />each. The executive director of the department or his or
<br />her designee may work with the secretary of state to
<br />make the code of Colorado regulations and the Colorado
<br />register available to the public in an electronic format
<br />that is accessible and user-friendly. In the event of any
<br />discrepancy between the electronic and printed form of
<br />the code or the register, the printed form shall prevail
<br />unless it is conclusively shown, by reference to the rule-
<br />making filings made with the secretary of state pursuant
<br />to this section, that the printed form contains an error in
<br />publication.
<br />(c) The secretary of state shall enter into any publication
<br />agreement provided for in this section with the person
<br />offering to publish and make available to the public the
<br />code and register at the lowest price, taking into
<br />consideration the qualities of the publications to be
<br />supplied, their conformity with the specifications, the
<br />purposes for which they are required, and the date of
<br />delivery. Each person offering to publish the code and
<br />register shall be entered on a record, and, after the
<br />person is chosen to publish the code and register, the
<br />record of each person offering to publish shall be open
<br />to public inspection. A bond furnished by a surety
<br />company authorized to do business in this state for the
<br />proper performance of each publication agreement may
<br />be required in the discretion of the secretary of state.
<br />(d) (1) Each agency subject to the provisions of this
<br />section shall, on or before a date during the fiscal year
<br />beginning on July 1, 2003, specified by the secretary of
<br />state, file or verify that there is on file with the secretary
<br />of state a copy of each currently effective rule specified
<br />in subsection (1) of this section in print and in electronic
<br />form as specified by the secretary of state. Any rule in
<br />effect prior to such date that is not on file with the
<br />secretary of state on such date, shall not continue in
<br />effect on or after such date.
<br />(II) Each rule adopted, together with the attorney
<br />general's opinion rendered in connection therewith, shall
<br />be filed pursuant to subsection (12) of this section
<br />within twenty days thereafter with the secretary of state
<br />for publication in the Colorado register. Upon written
<br />request of an agency, the secretary of state shall correct
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